Practice Areas

Automobile Accidents

Most automobile accidents result from the negligence of a driver who is speeding, following too close, fails to obey a traffic control device such as a stop sign or traffic signal, or who fails to maintain a proper lookout. In most cases, the driver who is negligent receives a citation from the police for violating the rules of the road. Some accidents involve multiple drivers and multiple violations of rules of the road.
Drivers who are negligent in operating their motor vehicles are liable for damages to those who they injure or kill. Damages which may be recovered include medical expenses, lost wages, pain and suffering, and loss of consortium for injury to a spouse. If someone is killed as a result of an automobile accident, their survivors may be entitled the “full value of the life” of their family member.
In most cases, damages caused by automobile accidents are covered by automobile liability insurance. In Georgia, automobile liability insurance is required in a minimum amount of $25,000. Further, drivers and their passengers may be covered under their own uninsured or underinsured motorist policies.
We are able to assist clients in determining the amount of available insurance coverage and presenting claims to insurance carriers to see if they can be resolved short of trial. In the event a settlement cannot be reached, we are able to take your case to trial.

Trucking Accidents

Trucking accidents frequently cause more severe injuries than automobile accidents and often result from driver fatigue. Tractor trailors are highly regulated and governed by specific laws related to driver qualifications and rest periods. Further, most tractor trailors have higher insurance limits than automobiles, with insurance limits typically over $500,000.
Many modern trucks have computers built into the vehicle which record data about the vehicle, including its speed at the time an accident occurs. We are able to retrieve that data and use accident reconstructionists to determine how an accident occurred.
In cases of extremely severe injuries, we have pursued the assets of trucking companies and/or their individual owners where the available insurance was not adequate to compensate the injured persons.

DUI Accidents

Motor vehicle accidents are frequently caused by drunk drivers. You may be able to recover if you are injured by a drunk driver, including damages for medical bills, lost wages, pain and suffering, and loss of consortium if you are married. In DUI accident cases, punitive damages are frequently available due to the flagrant nature of the offense. In Georgia, punitive damages available against a drunk driver are uncapped. This may lead to much higher recoveries against such individuals. Complexities may arise in cases where the available insurance does not cover punitive damages.
In some circumstances, Georgia also permits “dram shop” actions against bars or restaurants which knowingly serve someone to the point of intoxication with knowledge that the person will be driving. This is an additional potential way to recover in DUI cases.

Local Highway Accidents

We handle accidents on all major area highways in the area, such as I-85, I-75, I-20, Georgia 400, as well as all normal roadways and local highways throughout the State of Georgia.

Types of Injuries

Loss of Consortium

A person married to someone injured in an accident may recover for loss of consortium, which is damage done to the marital relationship due to the injury.

Trucking Accidents

Trucking accidents frequently cause more severe injuries than automobile accidents and often result from drivers who are either unqualified or fatigued. Tractor trailors are highly regulated and governed by specific laws related to driver qualifications and rest periods. Further, most tractor trailors have higher insurance limits than automobiles, with insurance limits typically over $500,000.
Many modern trucks have computers built into the vehicle which record data about the vehicle, including its speed at the time an accident occurs. We are able to retrieve that data and use accident reconstructionists to determine how an accident occurred.
In cases of extremely severe injuries, we have pursued the assets of trucking companies and/or their individual owners where the available insurance was not adequate to compensate the injured persons.
The Federal Motor Carrier Safety Act Regulates tractor trailors. For example, a truck driver is not allowed to drive under the influence of drugs or alcohol. 42 C.F.R. § 382 provides:Alcohol Concentration. “No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No employer having actual knowledge that a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions.” [42 C.F.R §382.201]On Duty Use. “No driver shall use alcohol while performing safety-sensitive functions. No employer having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions.” [42 C.F.R §382.205]Pre-duty use. “No driver shall perform safety-sensitive functions within four hours after using alcohol. No employer having actual knowledge that a driver has used alcohol within four hours shall permit a driver to perform or continue to perform safety-sensitive functions.” [42 C.F.R. §382.207]Use following an accident. “No driver required to take a post-accident alcohol test under §382.303 shall use alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first. [42 C.F.R. §382.209]Controlled substances use. “(a) No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a licensed medical practitioner, as defined in §382.107, who has advised the driver that the substance will not adversely affect the driver’s ability to safely operate a commercial motor vehicle. (b) No employer having actual knowledge that a driver has used a controlled substance shall permit the driver to perform or continue to perform a safety-sensitive function. (c) An employer may require a driver to inform the employer of any therapeutic drug use.” [42 C.F.R. § 382.213]
Failure to observe these regulations can expose both the driver and his employer to punitive damages.
Federal law also requires that fatigued or impaired drivers not operate their vehicles and requires that drivers maintain logs document their rest periods. 49 C.F.R. § 392.3
In Georgia, in certain cases an injured party may pursue a direct action against the insurance carrier insuring a truck.
Contact us immediately if you have been injured in an accident with a truck so that we can assist you in preservation of evidence and preparation for trial.

DUI Accidents

Motor vehicle accidents are frequently caused by drunk drivers. You may be able to recover if you are injured by a drunk driver, including damages for medical bills, lost wages, pain and suffering, and loss of consortium if you are married. In DUI accident cases, punitive damages are frequently available due to the flagrant nature of the offense. In Georgia, punitive damages available against a drunk driver are uncapped. This may lead to much higher recoveries against such individuals. Complexities may arise in cases where the available insurance does not cover punitive damages.
In some circumstances, Georgia also permits “dram shop” actions against bars or restaurants which knowingly serve someone to the point of intoxication with knowledge that the person will be driving. This is an additional potential way to recover in DUI cases.

Impaired Drivers Should Not Be On The Road

The choice to drink and drive is not a mere "accident" and those who drive after drinking or using drugs must be punished to protect everyone in society. We have often been able to recover punitive damages in cases where a drunk driver caused an accident, including cases of “wrong way drivers” and drivers drag racing on public highways.
The damage caused by this crime is tremendous. In Georgia in 2008, about 27 percent (441 deaths) involved a driver who was legally intoxicated (blood-alcohol content of .08). Nationally, more than 13,000 Americans die each year due to drunk drivers, and nearly 500,000 more are injured. Thirty percent of Americans will be involved in an alcohol-related accident in their lifetime. Tragically, Motor vehicle crashes are the leading cause of death for children 2 to 14 years old, and a large percentage of those are caused by drunk drivers.
If you or a family member has been injured or killed by a drunk driver, you should contact us as soon as possible. We are experienced in the unique aspects of drunk driving cases.
Even a minor accident caused by a drunk driver can permit the injured victim to recover substantial punitive damages, particular in situations where the drunk driver is a repeat offender who threatens the life and limb of everyone who uses the roads. We have succeeded in recovering substantial punitive damages where the party struck by a drunk driver had only minor injuries.

Hit and Run Accidents

Some of the most heinous cases are those in which a driver strikes another driver and then flees the scene. These can be divided into two categories.
In many cases, the hit and run driver is never found or located. In this situation, we must normally resort to claims against the uninsured motorist coverage of our client. There is sometimes a possibly of recovering additional funds from a crime victims compensation fund which some counties have created to compensate the victims of crimes.
In cases where the hit and run driver is located, the injured person can recover not only normal compensatory damages, but often punitive damages as well. This is due to the aggravating fact of the driver attempting to escape responsibility. Most juries find such conduct reprehensible and are willing to punish it with an award of punitive damages.
We have handled many hit and run accident cases, including cases against some hit and run drivers who are repeat offenders. In such cases, the damages recovered can be far larger than a garden variety accident case. Sometimes the hit and run drivers are also guilty of other crimes, such as DUI, and that makes them even more culpable. We have also found that in many instances hit and run drivers are uninsured, which is treated similar to situations in which the driver cannot be located, unless the driver has enough personal assets to compensate the victim without resorting to insurance.

Uninsured Motorists/Pedestrian Accidents

Georgia Uninsured Motorist Insurance

Uninsured Motorist Insurance comes into play when someone is injured by a person operating a motor vehicle who is either completely uninsured, or who does not have enough insurance to pay for the damages they caused. The injured person is usually someone operating a motor vehicle involved in an accident with the uninsured motorist, but can also be a pedestrian who is struck by an uninsured motorist. Uninsured motorist coverage is coverage purchased by the person who was injured, usually as part of their own auto accident policy, or possibly as part of an umbrella insurance policy.

Stackable Uninsured/Underinsured Coverage

This is the best type. When you own this type of coverage it sits on top of any insurance the at fault driver has. For example if you have an injury work $100,000 and the driver who struck you has only $25,000, your stackable uninsured coverage could be used up until the point your damages are made whole.

Non-Stacking Uninsured/Underinsured Insurance Coverage

If you waive in writing stackable uninsured motorist coverage, then you may have non-stacking coverage. In this situation, your insurance carrier gets to deduct the policy limits of the person who caused the injury from their uninsured motorist coverage in determining how much coverage is available to pay their insured.

No Uninsured Motorist Coverage

If you have not purched uninsured motorist coverage, you may still explore the possibility that a family member with whom you reside may possibly have purchased coverage under which you could make a claim.

Important Facts For Uninsured and Underinsured Insurance

You must put your Georgia Uninsured Motorist Insurance Company on notice as soon as is possible after the crash. If you don’t, you may be failing to comply with the insurance contract and void your own coverage.

You do need to comply with their requests for cooperation and recorded statements from your own insurer.

Are there other relatives you live with that have their own insurance policies? If so, you may be covered under them.

You are covered under the Uninsured Motorist coverage for the vehicle you are riding in. This is in addition to other coverage that you pay for.

If you plan to settle with the at fault driver, make sure you execute a Georgia Limited Liability Release, not a General Release.

If you are struck by a vehicle as a pedestrian, your Uninsured Motorist Coverage will apply if the other driver hits and runs or if they had no coverage.

If you need assistance with an Uninsured or Underinsured Motorist Claim, contact us immediately. We are experienced and able to help you.